Texas Legal Glossary · Personal Injury

Defendant

Written and reviewed by Shane M. Boasberg, founder of SMB Law, PC · Licensed in Texas since 2003 · Updated October 2026

Definition: A defendant is the party being sued in a civil lawsuit. In a Texas injury case, the defendant is the person or business accused of causing the harm and must answer by the Monday after 20 days from service or face a default judgment.

Also called: respondent, party sued

What defendant means in Texas

The defendant is the party a lawsuit is filed against. In a crash case, the defendant is the at-fault driver, not the driver’s insurance company. The insurer hires the defense lawyer and pays any settlement or judgment up to the policy limits, but the insurer’s name does not appear in the caption, and Texas juries are generally not told that insurance exists.

A case can have several defendants. A trucking crash might name the driver, the motor carrier, and the company that maintained the vehicle. Each is a separate defendant with a separate duty and, often, a separate insurer.

How it works in practice

Once the defendant is served with the original petition and citation, the clock starts. Under Texas Rule of Civil Procedure 99(b), the defendant must file a written answer by 10:00 a.m. on the Monday next after the expiration of 20 days from the date of service. Miss that deadline and the plaintiff can take a default judgment under Rule 239, which treats the allegations as admitted and moves straight to proving damages.

The answer is usually a general denial, which puts every fact in dispute, plus any affirmative defenses such as the statute of limitations or the plaintiff’s own negligence. The defendant may also designate a responsible third party under CPRC § 33.004, asking the jury to assign some of the fault to someone who is not a party.

Why it matters in your case

Naming the right defendants is not always obvious. An employer may be vicariously liable for a driver on the job. A bar may be liable for overserving a drunk driver. A property owner may be liable for a dangerous condition. Each potential defendant adds a source of recovery, and each must be identified and served before limitations runs.

Example

Grace is hit by a plumbing company’s work truck in Round Rock. Her petition names the driver, Alan, and his employer as defendants. Alan is served on a Tuesday. The company’s insurer assigns a defense lawyer who files a general denial for both defendants and pleads that Grace was partly at fault for stopping suddenly.

This entry explains Texas law in general terms and is not legal advice for any specific situation. Statutes and case law change; the date above reflects the last review.